Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
2. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
3. Claims 1, 5-6, 8-12, 16-17, and 19 are rejected under 35 U.S.C. § 102 (a1)(a2) as being anticipated by CN 111947650 to Hangzhou.
In Reference to Claims 1 and 9
Hangzhou discloses a virtual reality interaction apparatus (Fig. 1), comprising:
a posture tracking sensor, adapted to collect body posture information of a user in a real environment, wherein the posture tracking sensor comprises a motion sensor provided corresponding to a position of a target skeletal muscle (inertial sensor 8 [0025] obtains inertial positioning information 12 [0026] of an operator’s full-body movements [0004, 0013])), and the motion sensor is configured to determine a joint motion angle of a corresponding joint (information of the joints of the whole body [0013]; inertial sensor nodes at all joints of the body [0014] collect orientation data [0013, 0026] where the inertial sensors acquire relative displacement and rotation [0010] which is motion joint angle data);
laser radar, adapted to collect head position information of the user's head in the real
environment (optical tracking and photosensitive sensor [0009], head optical positioning data 16
[0027] to capture posture in space [0015]);
an inertial measurement unit (IMU) sensor (inertial sensors [0010], adapted to collect head posture information of the user's head in the real environment (head inertial positioning data 18 [0027]); and
a processor (high-performance computer 32 [0030] runs fusion positioning system [0008] executing fusion calculation software [0013]), adapted to configure the body posture information, the head position information, and the head posture information as full-body posture information of the user (see first, second, and third stages [0016-0018]), and
map a virtual object corresponding to the user in a virtual reality environment according to the full-body posture information (creates a virtual scene [0004, 0008, 0011, 0012], rendered image for display [0026]).
In Reference to Claim 10
Hangzhou discloses a user terminal device, configured to collect user data, wherein the user data comprises full-body posture information of a user in a real environment (“the person being captured wears a virtual reality head-mounted display equipped with both photosensitive sensors and inertial sensors, and wears inertial sensor nodes at all joints of the body, so that they can move freely within the capture area” [0014, 0026]), and the full-body posture information comprises head position information, head posture information, and body posture information (optical and inertial tracking and data collection [0013, 0026]); and
a server side (network side communication [0026]), configured to acquire user data of multiple users, and display, according to correspondences between the multiple users and virtual objects in a virtual reality environment, a virtual object corresponding to the user based on the full-body posture information in the virtual reality environment (three stages of fusion position processing [0014] results in the rendering of the person [0015-0017, [0027-0030], renders and outputs the scene [0011]).
In Reference to Claims 11 and 12
Hangzhou discloses a fusion positioning system ([0002]) on a high-performance computer ([0032]) which necessarily must have memory to store calculation software ([0008, 0026-0027]) and virtual scene and rendering scene software ([0008, 0025]).
In Reference to Claims 5 and 16
Hangzhou discloses send the full-body posture information of the user to a server side (”The optical tracking system 1 and the inertial tracking system 2 transmit optical positioning information 11 and inertial positioning information 12 to the pose fusion calculation software 3 through network communication” [0026], thereby causing the server side to display, based on the full-body posture information, the virtual object corresponding to the user in the virtual reality environment (“The virtual scene rendering software includes a virtual 3D model, constructs a virtual reality scene based on the state of the 3D model in space, and renders and outputs the scene from a specified perspective.” [0011]).
In Reference to Claims 6 and 17
Hangzhou discloses constructs, in the virtual reality environment, a user virtual space for the virtual object corresponding to the user (“The virtual scene rendering software includes a virtual 3D model, constructs a virtual reality scene based on the state of the 3D model in space, and renders and outputs the scene from a specified perspective.” [0011, 0027]); and
display, in the user virtual space, the virtual object of the user based on the full-body posture information (“The first stage of calculation mainly determines the full-body posture of the person being captured.” [0015] and “The virtual scene rendering software 30 is connected to the head-mounted display 28 via an HDMI high-definition video cable to output virtual reality images 36.” [0030]).
In Reference to Claims 8 and 19
Hangzhou discloses the laser radar and the IMU sensor are arranged on a VR helmet worn by the user (helmet [0012], “Operator 10 wears a virtual reality head-mounted display 5, a photosensitive sensor 6, and an inertial sensor 8.” [ 0026]).
Claim Rejections - 35 USC § 103
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
5. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
6. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
7. Claims 2-4 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hangzhou in view of CN 115202471 to Hangzhou (Hangzhou ‘471).
In Reference to Claim 2, 3, 13, and 14
Hangzhou discloses the invention substantially as claimed. However, the reference does not explicitly disclose motion sensing by a skin tension strain gauge and an electromyographic signal electrode configured to calculate the joint motion angle, wherein the gauge collects magnitude and direction data of skeletal muscle stress, and a electromyographic signal electrode collects current data; and the motion sensor is configured to determine the joint motion angle of the corresponding joint by querying a preset data table according to the electromyographic current data, the magnitude and direction data of the skeletal muscle stress. One of skill in the art would be aware of the teachings of Hangzhou ‘471.
Hangzhou ‘471 teaches of full body tracking [0001-0003] of motion sensing by a skin tension strain gauge ([0014, 0017, 0059-0061]) and an electromyographic signal electrode configured to calculate the joint motion angle ([0013-0016, 0058-0061]), wherein the gauge collects magnitude and direction data of skeletal muscle stress ([strain gauge 221 measures magnitude and direction during muscle contraction [0061]), and a electromyographic signal electrode collects current data ([0061]); and the motion sensor is configured to determine the joint motion angle of the corresponding joint by querying a preset data table according to the electromyographic current data (receives rotation angle data [0013]), the magnitude and direction data of the skeletal muscle stress ([and tension data [0013, 0017, 0059-0061], and combining both using preset algorithms [0063]).
The Supreme Court in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way; and
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
Here, it would require only routine skill in the art to amplify the understanding of the invention of Hangzhou with the addition of specifying skin tension and electromyographic current data to achieve the predictable result of determining joint motion angles. The Courts have held that combining prior art elements according to known methods to yield predictable results to be indicia of obviousness.
In Reference to Claims 4 and 15
Hangzhou discloses an image sensor to acquire a body region image of the head and absolute coordinates of the head joints [0016]. Hangzhou ‘471 performs a calibration to acquire a user’s body size (“Specifically, when using this system for the first time, virtual and real body calibration must be performed, that is, the user's physical body size, initial posture, and spatial coordinates of the hands and feet must correspond to the virtual user. The physical dimensions of the body are obtained by taking a full-body photo using VR device 2” [0066]).
It would require only routine skill in the art to perform the calibration of the joints of Hangzhou with the determination of the size of each body part of Hangtzhou ‘471 to achieve the predictable result of ensuring the accuracy of the virtual and real bodies. The Courts have held that the use of a known technique to improve similar devices (methods, or products) in the same way to be indicia of obviousness.
Allowable Subject Matter
8. Claims 7 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
9. The following is a statement of reasons for the indication of allowable subject matter:
the prior art do not teach or suggest calibrating a coordinate sub-system corresponding to the user virtual space and a coordinate system corresponding to the virtual reality environment, thereby determining a coordinate transformation matrix between the coordinate sub-system corresponding to the user virtual space and the coordinate system-corresponding to the virtual reality environment; and determining, based on the coordinate transformation matrix and according to the full- body posture information of the virtual object corresponding to the user in the user virtual space, the full-body posture information of the virtual object corresponding to the user in the coordinate system corresponding to the virtual reality environment.
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is in the Notice of References Cited.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul A. D’Agostino whose telephone number is (571) 270-1992.
12. Examiner interviews may be available depending on the stage of prosecution and provided via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
13. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached on (571) 270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-270-2992.
/PAUL A D'AGOSTINO/Primary Examiner, Art Unit 3715
